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U.S. v. WHITLEY

Docket No. 06-0131-cr.

540 F.3d 87 (2008)

UNITED STATES of America, Appellee, v. Latie WHITLEY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 16, 2008.

Petition for rehearing submitted: August 7, 2008.

Petition for rehearing decided: August 26, 2008.

Attorney(s) appearing for the Case

Michael J. Garcia, U.S. Atty., Anjan Sahni, Jonathan S. Kolodner, Asst. U.S. Attys., New York, N.Y., submitted a brief for Appellee.

Before: NEWMAN, SACK, and B.D. PARKER, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

The Government has petitioned for review of our decision declining to depart from the literal wording of the "except" clause of 18 U.S.C. § 924(c)(1)(A). See United States v. Whitley, 529 F.3d 150 (2d Cir.2008). The petition mainly repeats arguments we have previously considered and rejected. The petition also endeavors to counter our statement that, other than the contrary authority concerning...

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